DWI

Passaic County NJ DWI Lawyers

DUI Attorneys in Wayne, Paterson, and Woodland Park, New Jersey

DUI Attorney Passaic County NJ, Driving While intoxicated DWI

Although a DWI is technically a motor vehicle violation, it is among the most aggressively prosecuted crimes in the state of New Jersey. Driving under the influence of alcohol or drugs is considered such a serious crime because of the tragic, and sometimes fatal consequences of drunk driving accidents. New Jersey lawmakers see DWI as a crime in which the offender places their own life, and the lives of others, at risk. As such, these offenses are subject to strict sentencing guidelines that limit judicial and prosecutorial discretion. Essentially, this means that the penalties to which you are exposed upon conviction cannot be lessened through negotiation or by demonstrating that you are otherwise a law-abiding citizen who made one mistake. When charged with a DWI, you have one chance to make a case before a single municipal court judge; you are not entitled to a trial by jury, as you would be with other criminal offenses. In other words, the stakes are exceedingly high in a New Jersey DWI case because it is a zero-sum game, requiring you to make a compelling case for a dismissal, or to risk losing your license, paying thousands of dollars in fines, damaging your reputation, and in some cases, going to jail.

The highly skilled DWI defense attorneys at Del Sardo & Montanari have extensive experience defending clients charged with DWI in Wayne, Clifton, Totowa, Little Falls, and throughout Passaic and Essex counties. Our strategies for achieving superior outcomes are informed by the most in-depth knowledge of DWI procedure and evidence, from field sobriety testing to breath sample results obtained through the Alcotest device. When we become involved in your case, we thoroughly investigate every facet in order to identify errors and weaknesses that may lead to a dismissal. We will then built a comprehensive and compelling strategy for achieving the best possible outcome. Having been honored by organizations such as Super Lawyers, the National Trial Lawyers Association, and the National Association of Distinguished Counsel, our mission is to provide clients with superior outcomes through unparalleled representation. To discuss your case with one of our seasoned Passaic County DWI attorneys today, contact our offices in Woodland Park at 973-233-4396 or toll-free at 888-877-7985 for a cost-free consultation.

Clifton DWI Defense Attorneys

At Del Sardo & Montanari, we aggressively challenge any element of the prosecutor’s case, ranging from probable cause for the traffic stop, to field sobriety testing, breath test readings from the Alcotest breathalyzer device, and blood test results if applicable. We also evaluate police protocol at every stage of the case, from the initial stop, to the arrest, to the 20-minute observation period, and the evidence chain of custody, to identify potential defense arguments that we may leverage to achieve a dismissal.

We fight on behalf of clients charged with a vast array of DWI offenses, including:

DWI Penalties in New Jersey

DWI offenses in New Jersey are structured in such a way that the specific type of DWI determines the penalties imposed upon those found guilty. The number of previous DWI offenses for which you have been convicted, your blood alcohol content (BAC) at the time of the offense, and the location of the offense (i.e. in a school zone) will determine the sentencing range within which your case falls. Below is an overview of the various types of DWI charges, with their associated penalties.

First Offense DWI Penalties

First Offense DWI penalties vary based on the driver’s blood alcohol content (BAC) at the time of the offense.

For a blood alcohol content ranging from 0.08% to 0.1%, the penalties are as follows:

  • Driver’s license suspension for a period of 3 months
  • Up to 30 days in the county jail
  • Fines ranging from $250 to $400
  • A $1,000 annual automobile insurance surcharge for 3 years
  • Over $525 in additional fees and surcharges
  • 48 hours of mandatory education at a state-approved Intoxicated Driver Resource Center (IDRC)

For a blood alcohol content that exceeds 0.1%, the penalties above apply, except for the additional penalties outlined below:

  • Driver’s license suspension for a period ranging from 7 months to 1 year
  • Fines ranging from $300 to $500

In addition to the above penalties, drivers are required to install a mandatory ignition interlock device in their vehicle for the period of driver’s license suspension and between 6 and 12 months after license restoration if their blood alcohol content (BAC) exceeds 0.15%.

Second Offense DWI Penalties

Second offense DWI penalties are the same for all defendants, regardless of their blood alcohol content, as long as it exceeds the legal limit of 0.08%. The penalties for second offense DWI are as follows:

  • Driver’s license suspension for a period of 2 years
  • Between 2 and 90 days in the county jail
  • Fines ranging from $500 to $1,000
  • A $1,000 annual automobile insurance surcharge for 3 years
  • 48 hours of mandatory education at a state-approved Intoxicated Driver Resource Center (IDRC)
  • 30 days of community service
  • Possible ignition interlock device in your vehicle for the period of driver’s license suspension and between 6 and 12 months after license restoration

Third Offense DWI Penalties

In order to be charged with a third offense DWI, your last DWI offense must have occurred within 10 years of the current DWI offense. As with a second offense DWI, your blood alcohol content is irrelevant as as long as it exceeds the 0.08% threshold. The penalties for third offense DWI are as follows:

  • Driver’s license suspension for a period of 10 years
  • Mandatory 180 days in the county jail
  • Minimum fine of $1,000
  • $4,500 in automobile insurance surcharges over a 3-year period
  • 48 hours of mandatory education at a state-approved Intoxicated Driver Resource Center (IDRC)
  • 90 days of community service
  • Ignition interlock device in your vehicle for the period of driver’s license suspension and between 6 and 12 months after license restoration

Penalties for DWI in a School Zone

The penalties for DWI in a school zone are more severe than typical DWI offenses, resulting in additional fines ranging from $500 to $800, extended jail time for up to 60 additional days, and a lengthier period of driver’s license suspension for between 1 and 2 additional years.

Contact our Little Falls NJ DWI Lawyers for a Free Consultation

To speak with one of our highly knowledgeable Passaic County DWI defense attorneys, contact us today at 973-233-4396 or toll free at 888-877-7985 for a free initial consultation. We also provide flexible appointment options at our centrally-located offices in Woodland Park, New Jersey.

Request Your Free Consultation


To speak with one of our highly knowledgeable attorneys, contact us today at (973)-233-4396 or toll-free at (888)-877-7985. You can also complete the form below to begin your conversation. We are a personalized, boutique-style law firm that offers free initial consultations and flexible appointment options.